Thaksin Shinawatra and the Pheu Thai Party win a significant legal victory as the Constitutional Court dismisses six complaints against them. This solidifies their position ahead of an upcoming Udon Thani local election. The ruling strengthens Thaksin’s political influence and crucially, Thailand’s political stability.
Former Premier Thaksin Shinawatra and the Pheu Thai Party won a significant legal victory on Friday morning. The news came from the Constitutional Court. Judges examining a massive 5,033 complaint submitted by lawyer-activist Therayut Suwankesorn declined to take up a case alleging that Mr. Thaksin wielded undue influence over Thailand’s ruling political party and that under Section 49 of the Constitution, his actions represented an attempt to overthrow the democratic regime with the King as Head of State. In brief, the court considered all six issues raised by Mr. Therayut. On five of them, it held there was insufficient evidence, while on one other, the judges voted 7-2 not to accept.
In an important development at the weekly meeting of the Constitutional Court on Friday, November 22, the judges decided not to accept a six-pronged complaint from lawyer-activist Therayut Suwankesorn.
The complaint was earlier rejected by the Office of the Attorney-General (OAG) in a letter to the Court sent on November 8th.
This came following a panel of inquiry convened by the Attorney General’s Office, which questioned witnesses, including Prime Minister’s Office minister Chusak Sirinil.
The complaints targeted both former Prime Minister Thaksin Shinawatra and the Pheu Thai Party. In brief, it was under Section 49 of the 2017 Constitution, alleging that Mr. Thaksin was using his freedom to subvert and overthrow the democratic regime with the King as Head of State.
Constitutional Court rejects six-pronged complaint against Thaksin and Pheu Thai Party based on insufficient evidence presented to the court
In particular, that he exercised undue influence over the Pheu Thai Party to do so.
The six-pronged complaint, filed by Therayut in August 2024, was wide-ranging and covered serious allegations concerning Thaksin’s conduct during his time as Prime Minister. Therayut’s accusations were as follows:
The first issue concerns claimed that Mr. Thaksin directed the government to allow him to stay in a special room at the Police General Hospital while serving his prison sentence, despite not being critically ill, effectively avoiding his prison term.
The second issue involved allegations that Mr. Thaksin facilitated negotiations between Thailand and Cambodia over overlapping maritime areas. These discussions aimed to share the benefits of natural gas and underwater resources found in Thailand’s sovereign maritime territory.
The third issue highlighted accusations that Mr. Thaksin influenced the Pheu Thai Party. Especially to collaborate with the Prachachon Party in efforts to amend the 2017 constitution. This political group, is the successor to the dissolved Move Forward Party. The latter had been ruled by the Constitutional Court to have attempted to undermine the democratic regime with the King as head of state in August.
The fourth issue centred on claims that Mr. Thaksin directed the Pheu Thai Party to meet with leaders of other political parties in the Settha Thavisin-led government to discuss nominating a new Prime Minister, with these talks taking place at Mr. Thaksin’s private residence.
Court rejects claims regarding Thaksin’s alleged attempt to benefit Cambodia, dismissing all complaints
The fifth issue alleged that Mr. Thaksin ordered the Pheu Thai Party to expel the Palang Pracharath Party from the ruling coalition, shifting the political power dynamics.
Nonetheless, on Friday, the Court decided to reject five of the six complaints put before it. The reason was lack of evidence. At length, it did consider one of the complaints. In short, this was the complaint, issue 2, that Mr. Thaksin was conspiring to benefit Cambodia.
Previously, while in exile as a fugitive, Mr. Thaksin had served as an economic advisor to Cambodia. Thailand’s eastern neighbour is led by strongman Hun Sen, a close friend of Mr. Thaksin.
Significantly, Mr. Thaksin served as an economic advisor to Hun Sen while in exile as a fugitive from justice in Thailand. This was following Thaksin’s 2008 Criminal Court case in Bangkok when he skipped bail.
Before that, Thaksin, while Premier, had orchestrated the landmark Memorandum of Understanding (MOU) or MOU44. At length, this details a negotiation mechanism over claimed sea resources in the Gulf of Thailand.
Presently, energy resources in this maritime area are thought to be worth ฿300 billion.
Thaksin’s legal victory strengthens Pheu Thai Party’s position ahead of important election in Udon Thani
At length, on Friday, the judges ruled 7-2 not to accept this complaint for consideration. Therefore, all six issues raised were rejected by the Court.
Undoubtedly, this is a win for Mr. Thaksin.
At the same time, it pours cold water on an Election Commission investigation into the same matter.
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The oversight agency announced this in October. Previously, the Election Commission insisted there were both grounds and evidence to pursue the matter.
In the meantime, Thaksin now looks forward to the Provincial Administrative Organisation Presidential election in Udon Thani on Sunday. Certainly, should the Pheu Thai Party candidate win, it will crown a good few weeks for the party. Indeed it may also mark the beginning of a new era for Mr. Thaksin in Thai politics.
He has waged an impressive campaign in the north which has breathed new life into the ruling party. Certainly, it has also strengthened his daughter’s position as Prime Minister.
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